Going to trial is expensive and time-consuming. To maximize efficiency and get paid faster, constructing high-quality demand packages is essential to achieving the most pre-litigation settlements of personal injury claims. However, reaching a pre-court settlement isn't easy.
Paralegals and attorneys are usually up against tight deadlines for cases that are already in litigation and pre-litigation cases can easily fall to the wayside if not careful. As a result, when the personal injury demand package does not include everything needed to assess the client's damages fully, the insurance company is less likely to settle the claim, and the case will end up in litigation.
That’s why it’s important to prepare high-quality personal injury demand packages. In the long run, your firm will save more time as more cases will be settled before being filed with the court.
In this article, you’ll learn what to include in a demand package for settlement, tips for preparing a strong demand packet, and what to expect after it’s sent to the insurance company.
What is a Demand Package in a Personal Injury Case?
From product liability claims and slip and fall accidents to dog bites and vehicle accidents, a demand packet is a personal injury lawyer's case for an out-of-court insurance settlement.
It consists of various documents and evidence that comprehensively outline a client’s personal injury claim in order to secure the highest settlement payout, without the need for litigation. It can also be sent to an insurance company at any time during the course of a case, but is typically submitted at the start of a case.
There are several components your firm will need in order to assemble the best settlement demand package.
What is included in a Demand Package?
To improve the chances of a successful settlement, a demand packet should include all documentation related to the accident. Include the following components in your personal injury demand package before sending it over to an insurance company:
- A personal injury demand letter/demand for compensation
- Proof of insurance
- Photos and evidence related to the accident
- Police reports
- Medical records and bills
- Records of loss of money
- Pain and suffering evaluation
- Future medical expenses
Including as much evidence to support your claim provides firms with the best chance of reaching a settlement and winning a case out of court.
How can a Demand Package Aid in Client Cases
A demand package for settlement helps client cases based on a couple of main components. First, a well-built demand package factors in economic damages such as medical bills, lost earnings, and/or property damage. These should ideally be presented chronologically and are the best way to back your personal injury claim with clear evidence.
Demand packages should also include non-economic damages such as pain and suffering and inconvenience (which are tricker to claim, but just as important for a client’s case). Examples of non-economic damages include testimonials from family members who aided in caregiving as a result of the accident. In addition to a well-written demand letter, these components are essential to include in a demand package so your clients have the best chance of not only receiving a settlement, but the highest payout possible.
Tips for Preparing a Strong Demand Package
The best personal injury demand package consists of a strong case that includes a well-written letter and plenty of evidence. Below are key tips for assembling a demand packet that will give your firm the best chance of reaching a pre-litigation settlement.
Obtain Medical Records Early
Getting ahold of medical records and bills early is one of the most important aspects of a personal injury case. This can also be one of the most time-consuming processes for personal injury case managers. Therefore, having a sense of urgency when requesting medical records and bills is paramount to the success of a case and will prevent missing approaching statutes of limitations. To save time, some law firms choose to outsource records retrieval.
Once your firm receives all medical records and bills, assemble them in chronological order for the best presentation. So, if your client was transported by ambulance, the order of presentation would be the ambulance bill, ambulance report, hospital records, and any post-accident treatment like physical therapy. To save time, seek technology solutions that make it easy to log and track the status of medical treatment record requests so you can quickly compile them into the demand packet.
Gather Evidence That Supports Your Case
Photo evidence can be a useful component of a settlement demand package. For instance, photos of property damage and bodily injuries can increase case value and add a humanizing element to your case. Qualifying photos of property damage are also important, as a high-impact car accident will add more value to a case than a photo of a slightly damaged car. However, gathering photos and deciding which are the most valuable can be time-consuming.
Thankfully, obtaining accident details from a client is easy with a streamlined lawyer-client communication process. For instance, technology solutions that include a client portal make it easy for clients to securely send photos of the accident and their injuries. From there, photos can easily be organized into the appropriate case for optimum organization. This eliminates the manual process of sifting through tons of emails, downloading photos, and appropriately filing them.
Police reports are the next line of evidence that will strengthen your demand package. A police report should only be presented if it is in your favor. If a police report is inconclusive or puts your client at fault for the accident, then it is best to not include it in a demand package.
Evaluate Insurance Policies
As you build out a case, you will need to collect information about the defendant's insurance policy limits.
Knowing the client’s insurance situation up front will streamline your law firm’s record-keeping, as well as the case itself. There also may be situations where you decide not to pursue the case after you find out the client’s insurance information. For example, if you find the client doesn’t have UM/UIM coverage and was injured by an uninsured motorist, you may want to drop the case before you spend too much time on it.
Write a Strong Demand Letter
A demand packet needs to include a demand letter to start the compensation negotiation. This document serves as the foundation for why the case should result in a settlement. To assemble the best personal injury demand letter, you’ll need to include several crucial components, such as who was involved in the accident (and their insurers), what happened in the accident, a thorough description of the client's injuries, and a demand for compensation.
Furthermore, the letter should be well written without any grammar, spelling, punctuation errors, and/or factual inconsistencies—an AI demand letter can help make this a less time-consuming process.
In the case of an extreme auto accident with considerable injuries, letters from family and friends that show how a client's quality of life has diminished as a result of an accident can be useful when presenting a demand package to an insurance company.
However, there are a few components that should not be included in a demand letter such as:
- An admission of fault for the accident
- Overly detailed descriptions of the accident that could be challenged
- Unreasonable demands for compensation
For further aid in building your demand letter, check out a few personal injury settlement amount examples—which include settlement averages by injury type.
What to Expect After the Demand Package is Sent to the Insurance Company
Once your firm has assembled a demand package and submitted it to the insurance company, reviews begin in order to secure a potential settlement. This stage includes a deadline for the insurance company to respond, which can range from one week to a full month.
If the insurance company replies to the settlement demand package with an offer, the negotiation process begins in an effort to secure the highest possible settlement amount. If the insurance company does not reply, your firm can also call them to begin settlement negotiations.
Easily Streamline Demand Packages with the Help of CASEpeer
Creating a strong demand package is no easy task, but with the help of CASEpeer, your firm can ensure that no pieces are missing. CASEpeer is built to ensure that all information needed for a demand package is easily accessible and organized so that you can move quickly and take on more cases.
Here are a few ways CASEpeer can help the process of assembling the best demand package for settlement:
- Enhancing client communication and document sharing via a secure client portal
- Easily gathering medical records with medical treatment tracking and logging tools
- Organizing case files digitally with unlimited, secure file storage
- Streamlining demand letter creation with document automation
Supercharge your firm with case management software designed for the unique needs of personal injury law. CASEpeer gives you everything needed to optimize your firm’s case outcomes.
Book a free demo today to learn firsthand how CASEpeer can benefit your firm’s efficiency and productivity.